Using joint family venture to divide unmarried assets

When unmarried or common-law couples separate in Canada, an important issue that generally needs to be addressed is how the property and assets that have accumulated during the relationship will get divided.

A number of provinces have enacted legislation to deal with this issue; however, the ones that have not, including Ontario, require using the legal concept of unjust enrichment. In addition to this legal principle, the Supreme Court case of Kerr v. Baranow 2011 SCC 10 added the concept of the joint family venture to...